Medicare Program; Administrative Law Judge Hearing Program for Medicare Claim and Entitlement Appeals; Quarterly Listing of Program Issuances-July Through September 2023, 89710-89711 [2023-28625]

Download as PDF 89710 Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Notices TOTAL ESTIMATED ANNUALIZED BURDEN HOURS—Continued Form name (includes the ANE program specific tables and attachments) Number of responses per respondent Total responses Average burden per response (in hours) Total burden hours Advanced Nursing Education Sexual Assault Nurse Examiners .................................................................................. ANE–NPRF .......................................................................... Maternity Care Nursing Workforce Expansion .................... 54 64 10 1 1 1 54 64 10 7 7 7 378 448 70 Total .............................................................................. 348 ........................ 348 ........................ 2,436 HRSA specifically requests comments on (1) the necessity and utility of the proposed information collection for the proper performance of the agency’s functions, (2) the accuracy of the estimated burden, (3) ways to enhance the quality, utility, and clarity of the information to be collected, and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden. Maria G. Button, Director, Executive Secretariat. [FR Doc. 2023–28664 Filed 12–27–23; 8:45 am] BILLING CODE 4165–15–P DEPARTMENT OF HEALTH AND HUMAN SERVICES [OMHA–2302–N] Medicare Program; Administrative Law Judge Hearing Program for Medicare Claim and Entitlement Appeals; Quarterly Listing of Program Issuances—July Through September 2023 Office of Medicare Hearings and Appeals (OMHA), HHS. ACTION: Notice. AGENCY: This quarterly notice lists the OMHA Case Processing Manual (OCPM) instructions that were published from July through September 2023. This manual standardizes the day-to-day procedures for carrying out adjudicative functions, in accordance with applicable statutes, regulations, and OMHA directives, and gives OMHA staff direction for processing appeals at the OMHA level of adjudication. FOR FURTHER INFORMATION CONTACT: Jon Dorman, by telephone at (571) 457– 7220, or by email at jon.dorman@ hhs.gov. SUPPLEMENTARY INFORMATION: SUMMARY: khammond on DSKJM1Z7X2PROD with NOTICES Number of respondents I. Background The Office of Medicare Hearings and Appeals (OMHA), a staff division within the Office of the Secretary within the VerDate Sep<11>2014 20:14 Dec 27, 2023 Jkt 262001 U.S. Department of Health and Human Services (HHS), administers the nationwide Administrative Law Judge hearing program for Medicare claim; organization, coverage, and at-risk determination; and entitlement appeals under sections 1869, 1155, 1876(c)(5)(B), 1852(g)(5), and 1860D– 4(h) of the Social Security Act (the Act). OMHA ensures that Medicare beneficiaries and the providers and suppliers that furnish items or services to Medicare beneficiaries, as well as Medicare Advantage organizations (MAOs), Medicaid State agencies, and applicable plans, have a fair and impartial forum to address disagreements with Medicare coverage and payment determinations made by Medicare contractors, MAOs, or Part D plan sponsors (PDPSs), and determinations related to Medicare eligibility and entitlement, Part B late enrollment penalty, and income-related monthly adjustment amounts (IRMAA) made by the Social Security Administration (SSA). The Medicare claim, organization determination, coverage determination, and at-risk determination appeals processes consist of four levels of administrative review, and a fifth level of review with the Federal district courts after administrative remedies under HHS regulations have been exhausted. The first two levels of review are administered by the Centers for Medicare & Medicaid Services (CMS) and conducted by Medicare contractors for claim appeals, by MAOs and an Independent Review Entity (IRE) for Part C organization determination appeals, or by PDPSs and an IRE for Part D coverage determination and at-risk determination appeals. The third level of review is administered by OMHA and conducted by Administrative Law Judges and attorney adjudicators. The fourth level of review is administered by the HHS Departmental Appeals Board (DAB) and conducted by the Medicare Appeals Council (Council). In addition, OMHA and the DAB administer the second and third levels of appeal, PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 respectively, for Medicare eligibility, entitlement, Part B late enrollment penalty, and IRMAA reconsiderations made by SSA; a fourth level of review with the Federal district courts is available after administrative remedies within SSA and HHS have been exhausted. Sections 1869, 1155, 1876(c)(5)(B), 1852(g)(5), and 1860D–4(h) of the Act are implemented through the regulations at 42 CFR part 405 subparts I and J; part 417, subpart Q; part 422, subpart M; part 423, subparts M and U; and part 478, subpart B. As noted above, OMHA administers the nationwide Administrative Law Judge hearing program in accordance with these statutes and applicable regulations. To help ensure nationwide consistency in that effort, OMHA established a manual, the OCPM. Through the OCPM, the OMHA Chief Administrative Law Judge establishes the day-to-day procedures for carrying out adjudicative functions, in accordance with applicable statutes, regulations, and OMHA directives. The OCPM provides direction for processing appeals at the OMHA level of adjudication for Medicare Part A and B claims; Part C organization determinations; Part D coverage determinations and at-risk determinations; and SSA eligibility and entitlement, Part B late enrollment penalty, and IRMAA determinations. Section 1871(c) of the Act requires that the Secretary publish a list of all Medicare manual instructions, interpretive rules, statements of policy, and guidelines of general applicability not issued as regulations at least every three months in the Federal Register. II. Format for the Quarterly Issuance Notices This quarterly notice provides the specific updates to the OCPM that have occurred in the three-month period of July through September 2023. A hyperlink to the available chapters on the OMHA website is provided below. The OMHA website contains the most current, up-to-date chapters and revisions to chapters, and will be E:\FR\FM\28DEN1.SGM 28DEN1 Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Notices available earlier than we publish our quarterly notice. We believe the OMHA website provides more timely access to the current OCPM chapters for those involved in the Medicare claim; organization, coverage, and at-risk determination; and entitlement appeals processes. We also believe the website offers the public a more convenient tool for real time access to current OCPM provisions. In addition, OMHA has a listserv to which the public can subscribe to receive notification of certain updates to the OMHA website, including when new or revised OCPM chapters are posted. If accessing the OMHA website proves to be difficult, the contact person listed above can provide the information. III. How To Use the Notice This notice lists the OCPM chapters and subjects published during the quarter covered by the notice so the reader may determine whether any are of particular interest. The OCPM can be accessed at https://www.hhs.gov/about/ agencies/omha/the-appeals-process/ case-processing-manual/. khammond on DSKJM1Z7X2PROD with NOTICES IV. OCPM Releases for July Through September 2023 The OCPM is used by OMHA adjudicators and staff to administer the OMHA program. It offers day-to-day operating instructions, policies, and procedures based on statutes and regulations, and OMHA directives. The following is a list and description of OCPM provisions that were issued or revised in the three-month period of July through September 2023. This information is available on our website at https://www.hhs.gov/about/agencies/ omha/the-appeals-process/caseprocessing-manual/. OCPM Chapter 20 (Post-Adjudication Actions) Updates OMHA issued the initial version of this chapter on May 25, 2018, and included it in a quarterly notice published in the August 7, 2018 Federal Register (83 FR 38700). The revised chapter addresses changes to postadjudication appeals processing resulting from increased electronic case processing through OMHA’s Electronic Case Adjudication and Processing Environment (ECAPE), advances in appeal filing procedures through the eAppeal Portal, and other improvements in appeals operations and processing. This revision removes outdated data entry processes that were updated with electronic case processing. This revision also clarifies how post-adjudication actions are processed if the original adjudicator is not available for more VerDate Sep<11>2014 20:14 Dec 27, 2023 Jkt 262001 than 20 calendar days; clarifies how various post-adjudication requests are filed; updates the operational process to re-establish an appeal. Finally, the revision adds a new section, 20.13, Requests to Obtain Approval of a Fee, which incorporates information previously included in OCPM Chapter 5. OMHA made revisions in the following sections: 20.2.1, 20.2.2, 20.3.2, 20.3.4, 20.4.1, 20.4.3, 20.4.4, 20.4.5, 20.4.6, 20.5.2, 20.5.3, 20.5.4, 20.5.5 (multiple), 20.5.7 (multiple), 20.5.8 (multiple), 20.6.1 (multiple), 20.6.2, 20.6.4, 20.6.5 (multiple), 20.6.6.1, 20.6.7 (multiple), 20.7.1.4, 20.7.2, 20.7.4, 20.7.5 (multiple), 20.7.7 (multiple), 20.8.1.3, 20.8.2, 20.8.4, 20.8.5 (multiple), 20.8.6.1, 20.8.7 (multiple), 20.9.1, 20.9.2, 20.9.4, 20.9.5, 20.10.2, 20.10.3, 20.11.2, 20.11.4, 20.11.5, 20.11.6, 20.12.1, 20.12 (multiple), 20.13. Karen W. Ames, Executive Director of Operations, Office of Medicare Hearings and Appeals. [FR Doc. 2023–28625 Filed 12–27–23; 8:45 am] 89711 Background The TMG Program is a competitive grant program that is capacity building and developmental in nature and has been available for federally recognized Indian Tribes and Tribal Organizations (T/TO) since shortly after enactment of the ISDEAA in 1975. The TMG Program was established to assist T/TOs to prepare for assuming all or part of existing IHS programs, functions, services, and activities (PFSAs) and further develop and improve Tribal health management capabilities. The TMG Program provides competitive grants to T/TOs to establish goals and performance measures for current health programs, assess current management capacity to determine if new components are appropriate, analyze programs to determine if a T/TO’s management is practicable, and develop infrastructure systems to manage or organize PFSAs. Purpose I. Funding Opportunity Description The purpose of this program is to enhance and develop health management infrastructure and assist T/ TOs in assuming all or part of existing IHS PFSAs through a title I ISDEAA contract and assist established title I ISDEAA contractors and title V ISDEAA compactors to further develop and improve management capability. In addition, Tribal Management Grants are available to T/TOs under the authority of 25 U.S.C. 5322(e) for the following: 1. Obtaining technical assistance from providers designated by the T/TO (including T/TOs that operate mature contracts) for the purposes of program planning and evaluation, including the development of any management systems necessary for contract management, and the development of cost allocation plans for indirect cost rates. 2. Planning, designing, monitoring, and evaluating Federal programs serving T/TOs, including Federal administrative functions. Statutory Authority II. Award Information The Indian Health Service (IHS) is accepting applications for grants for the Tribal Management Grant (TMG) Program. This program is authorized under the Snyder Act, 25 U.S.C. 13; the Transfer Act, 42 U.S.C. 2001(a); and the Indian Self-Determination and Education Assistance Act (ISDEAA), Public Law 93–638, as amended, 25 U.S.C. 5322(b)(2) and 25 U.S.C. 5322(e). The Assistance Listings section of SAM.gov (https://sam.gov/content/ home) describes this program under 93.228. Funding Instrument—Grant BILLING CODE 4150–46–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Indian Health Service Funding Opportunity for the Tribal Management Grant Program Announcement Type: New. Funding Announcement Number: HHS–2024–IHS–TMD–0001. Assistance Listing (Catalog of Federal Domestic Assistance or CFDA) Number: 93.228. Key Dates Application Deadline Date: March 14, 2024. Earliest Anticipated Start Date: June 1, 2024. PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 Estimated Funds Available The total funding identified for fiscal year (FY) 2024 is approximately $2,464,000. Individual award amounts for the first budget year are anticipated to be between $50,000 and $150,000. The funding available for competing and subsequent continuation awards issued under this announcement is subject to the availability of appropriations and budgetary priorities of the Agency. The IHS is under no E:\FR\FM\28DEN1.SGM 28DEN1

Agencies

[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Notices]
[Pages 89710-89711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28625]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

[OMHA-2302-N]


Medicare Program; Administrative Law Judge Hearing Program for 
Medicare Claim and Entitlement Appeals; Quarterly Listing of Program 
Issuances--July Through September 2023

AGENCY: Office of Medicare Hearings and Appeals (OMHA), HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This quarterly notice lists the OMHA Case Processing Manual 
(OCPM) instructions that were published from July through September 
2023. This manual standardizes the day-to-day procedures for carrying 
out adjudicative functions, in accordance with applicable statutes, 
regulations, and OMHA directives, and gives OMHA staff direction for 
processing appeals at the OMHA level of adjudication.

FOR FURTHER INFORMATION CONTACT: Jon Dorman, by telephone at (571) 457-
7220, or by email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The Office of Medicare Hearings and Appeals (OMHA), a staff 
division within the Office of the Secretary within the U.S. Department 
of Health and Human Services (HHS), administers the nationwide 
Administrative Law Judge hearing program for Medicare claim; 
organization, coverage, and at-risk determination; and entitlement 
appeals under sections 1869, 1155, 1876(c)(5)(B), 1852(g)(5), and 
1860D-4(h) of the Social Security Act (the Act). OMHA ensures that 
Medicare beneficiaries and the providers and suppliers that furnish 
items or services to Medicare beneficiaries, as well as Medicare 
Advantage organizations (MAOs), Medicaid State agencies, and applicable 
plans, have a fair and impartial forum to address disagreements with 
Medicare coverage and payment determinations made by Medicare 
contractors, MAOs, or Part D plan sponsors (PDPSs), and determinations 
related to Medicare eligibility and entitlement, Part B late enrollment 
penalty, and income-related monthly adjustment amounts (IRMAA) made by 
the Social Security Administration (SSA).
    The Medicare claim, organization determination, coverage 
determination, and at-risk determination appeals processes consist of 
four levels of administrative review, and a fifth level of review with 
the Federal district courts after administrative remedies under HHS 
regulations have been exhausted. The first two levels of review are 
administered by the Centers for Medicare & Medicaid Services (CMS) and 
conducted by Medicare contractors for claim appeals, by MAOs and an 
Independent Review Entity (IRE) for Part C organization determination 
appeals, or by PDPSs and an IRE for Part D coverage determination and 
at-risk determination appeals. The third level of review is 
administered by OMHA and conducted by Administrative Law Judges and 
attorney adjudicators. The fourth level of review is administered by 
the HHS Departmental Appeals Board (DAB) and conducted by the Medicare 
Appeals Council (Council). In addition, OMHA and the DAB administer the 
second and third levels of appeal, respectively, for Medicare 
eligibility, entitlement, Part B late enrollment penalty, and IRMAA 
reconsiderations made by SSA; a fourth level of review with the Federal 
district courts is available after administrative remedies within SSA 
and HHS have been exhausted.
    Sections 1869, 1155, 1876(c)(5)(B), 1852(g)(5), and 1860D-4(h) of 
the Act are implemented through the regulations at 42 CFR part 405 
subparts I and J; part 417, subpart Q; part 422, subpart M; part 423, 
subparts M and U; and part 478, subpart B. As noted above, OMHA 
administers the nationwide Administrative Law Judge hearing program in 
accordance with these statutes and applicable regulations. To help 
ensure nationwide consistency in that effort, OMHA established a 
manual, the OCPM. Through the OCPM, the OMHA Chief Administrative Law 
Judge establishes the day-to-day procedures for carrying out 
adjudicative functions, in accordance with applicable statutes, 
regulations, and OMHA directives. The OCPM provides direction for 
processing appeals at the OMHA level of adjudication for Medicare Part 
A and B claims; Part C organization determinations; Part D coverage 
determinations and at-risk determinations; and SSA eligibility and 
entitlement, Part B late enrollment penalty, and IRMAA determinations.
    Section 1871(c) of the Act requires that the Secretary publish a 
list of all Medicare manual instructions, interpretive rules, 
statements of policy, and guidelines of general applicability not 
issued as regulations at least every three months in the Federal 
Register.

II. Format for the Quarterly Issuance Notices

    This quarterly notice provides the specific updates to the OCPM 
that have occurred in the three-month period of July through September 
2023. A hyperlink to the available chapters on the OMHA website is 
provided below. The OMHA website contains the most current, up-to-date 
chapters and revisions to chapters, and will be

[[Page 89711]]

available earlier than we publish our quarterly notice. We believe the 
OMHA website provides more timely access to the current OCPM chapters 
for those involved in the Medicare claim; organization, coverage, and 
at-risk determination; and entitlement appeals processes. We also 
believe the website offers the public a more convenient tool for real 
time access to current OCPM provisions. In addition, OMHA has a 
listserv to which the public can subscribe to receive notification of 
certain updates to the OMHA website, including when new or revised OCPM 
chapters are posted. If accessing the OMHA website proves to be 
difficult, the contact person listed above can provide the information.

III. How To Use the Notice

    This notice lists the OCPM chapters and subjects published during 
the quarter covered by the notice so the reader may determine whether 
any are of particular interest. The OCPM can be accessed at https://www.hhs.gov/about/agencies/omha/the-appeals-process/case-processing-manual/.

IV. OCPM Releases for July Through September 2023

    The OCPM is used by OMHA adjudicators and staff to administer the 
OMHA program. It offers day-to-day operating instructions, policies, 
and procedures based on statutes and regulations, and OMHA directives.
    The following is a list and description of OCPM provisions that 
were issued or revised in the three-month period of July through 
September 2023. This information is available on our website at https://www.hhs.gov/about/agencies/omha/the-appeals-process/case-processing-manual/.

OCPM Chapter 20 (Post-Adjudication Actions) Updates

    OMHA issued the initial version of this chapter on May 25, 2018, 
and included it in a quarterly notice published in the August 7, 2018 
Federal Register (83 FR 38700). The revised chapter addresses changes 
to post-adjudication appeals processing resulting from increased 
electronic case processing through OMHA's Electronic Case Adjudication 
and Processing Environment (ECAPE), advances in appeal filing 
procedures through the e-Appeal Portal, and other improvements in 
appeals operations and processing. This revision removes outdated data 
entry processes that were updated with electronic case processing. This 
revision also clarifies how post-adjudication actions are processed if 
the original adjudicator is not available for more than 20 calendar 
days; clarifies how various post-adjudication requests are filed; 
updates the operational process to re-establish an appeal. Finally, the 
revision adds a new section, 20.13, Requests to Obtain Approval of a 
Fee, which incorporates information previously included in OCPM Chapter 
5. OMHA made revisions in the following sections: 20.2.1, 20.2.2, 
20.3.2, 20.3.4, 20.4.1, 20.4.3, 20.4.4, 20.4.5, 20.4.6, 20.5.2, 20.5.3, 
20.5.4, 20.5.5 (multiple), 20.5.7 (multiple), 20.5.8 (multiple), 20.6.1 
(multiple), 20.6.2, 20.6.4, 20.6.5 (multiple), 20.6.6.1, 20.6.7 
(multiple), 20.7.1.4, 20.7.2, 20.7.4, 20.7.5 (multiple), 20.7.7 
(multiple), 20.8.1.3, 20.8.2, 20.8.4, 20.8.5 (multiple), 20.8.6.1, 
20.8.7 (multiple), 20.9.1, 20.9.2, 20.9.4, 20.9.5, 20.10.2, 20.10.3, 
20.11.2, 20.11.4, 20.11.5, 20.11.6, 20.12.1, 20.12 (multiple), 20.13.

Karen W. Ames,
Executive Director of Operations, Office of Medicare Hearings and 
Appeals.
[FR Doc. 2023-28625 Filed 12-27-23; 8:45 am]
BILLING CODE 4150-46-P


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